Rape

Case BriefsSupreme Court

Raped in matrimonial home; disbelieved; beaten up! SC believes woman’s sole testimony; finds act of female members of the family “unfortunate”

“Being women at least the sister-in-law and mother-in-law ought to have supported the prosecutrix, rather than beating her and not believing the prosecutrix.”

Case BriefsHigh Courts

[Kottiyoor Rape Case] Ker HC upholds conviction of former priest; reduces 20 years rigorous imprisonment to 10 years

Kerala High Court: In an infamous case of sexual assault whereby the priest of the St. Sebastian Church had impregnated a minor

Case BriefsHigh Courts

Rape, Murder of Ragpicker: Merely because crime is heinous and brutal, it won’t be just to get carried away sans any legal proof to substantiate charges [Detailed decision of Bom HC]

Bombay High Court: The Division Bench of Sadhana S. Jadhav and Prithviraj K. Chavan, JJ., while addressing an alleged rape and murder

High Court Round UpLegal RoundUp

High Courts Monthly RoundUp — November 2021

Here’s a short recap of what we covered under the High Court’s section on the SCC Online Blog for the month of November.

Case BriefsHigh Courts

Ker HC | Being in love isn’t synonymous to consent for sexual intercourse; HC upholds conviction for rape

Kerala High Court: R. Narayana Pisharadi, J., held that passive submission made by the victim under unavoidable circumstances as she had no

Case BriefsHigh Courts

MP HC | Does physical relationship with a minor wife come within the category of rape?

Madhya Pradesh High Court: G.S. Ahluwalia J., rejected a bail application under Section 439 of CrPC. The appellant was arrested on 31-01-2021

Case BriefsHigh Courts

Sikk HC | Prosecution not able to establish beyond a reasonable doubt that the Appellant was the perpetrator of rape of the minor; acquits accused

Sikkim High Court: The Division Bench of Meenakshi Madan Rai and Bhaskar Raj Pradhan, JJ., allowed an appeal which was filed in

Case BriefsHigh Courts

[MTP Act] Infringement of fundamental right to life of the victim heavily outweighs the right to life of the child in womb; Ori HC refuses to terminate 24+ week pregnancy of a rape victim

Orissa High Court: S. K. Panigrahi, J. disposed of the petition and refused to terminate 24+ week pregnancy of a rape victim.

Case BriefsHigh Courts

Megh HC | ”Bail and not Jail” Court grants bail to accused charge sheeted for raping own mother

Meghalaya High Court: W. Diengdoh, J., allowed a bail application which was filed under Section 439 CrPC with a prayer for grant

Case BriefsHigh Courts

Ker HC | “Child molestation is a shame on society; but if the allegations are false, it is lethal to the life of the accused”; HC acquits father accused of raping his minor daughter

Kerala High Court: The Division Bench of K.Vinod Chandran and C. Jayachandran, JJ., acquitted the father accused of raping his own minor

Case BriefsHigh Courts

Cal HC | Court explains ”Intelligible testimony” and “reverse burden of proof”; dismisses appeal of accused charged for raping 3 year old girl under S. 6, POCSO Act

Calcutta High Court: The Division Bench of Soumen Sen and Rabindranath Samanta, JJ., dismissed a criminal appeal which was filed against the

Case BriefsSupreme Court

5-year-old raped, killed, thrown into a stream: SC commutes death sentence to life imprisonment

Supreme Court: In a case where a death row convict subjected a 5-year-old girl to rape, killed her by strangulation, and then

Case BriefsHigh Courts

Conviction can be based on Testimony of Child Witness: Is it obligatory for a Judge to ask the child whether he/she is able to understand questions put to her? Bom HC [Full Story]

Bombay High Court: Anuja Prabhudessai, J., opined that where the witness is of tender age (as in the instant case before the

Case BriefsHigh Courts

Law on Grant of Bail | Father-in-Law accused of raping own Daughter-in-Law: Read whether Del HC grants bail or not

Delhi High Court: In a case wherein a father-in-law was accused of raping his own daughter-in-law, Subramonium Prasad, J., expressed that, Rape

Case BriefsSupreme Court

What amounts to attempt to rape? Supreme Court explains in a 2005 attempted rape of minor girls 

Supreme Court: In a case where the accused had lured minor girls aged 8 and 9, took them inside the room, closed

Case BriefsHigh Courts

MP HC | Show cause notice issued against the Trial Court Judge for disclosing name of the rape victim; Court grants bail to the accused

Madhya Pradesh High Court: Deepak Kumar Agarwal, J., allowed a bail application which was filed by the applicant for grant of regular

Case BriefsHigh Courts

Guj HC | Man’s conviction set aside in charges for raping minor wife; Non-interference by Court would reduce the lady and two children without shelter

Gujarat High Court: Paresh Upadhyay, J., allowed an appeal which was filed against the judgment and order passed by the Special Judge

Case BriefsTribunals/Commissions/Regulatory Bodies

CBI | Does not find any fault in the coda but questions the agenda | Accepts CBI’s closure report but questions the investigation

Central Bureau of Investigation (CBI): Shivank Singh, Special Judicial Magistrate (CBI), while accepting the closure report questioned the delayed investigation by the

Case BriefsHigh Courts

[Rape] Kar HC | Guilt of the accused can be established only after examination of all the witnesses as desired by the prosecution; Matter remitted back to adduce necessary evidence

Karnataka High Court:  A Division Bench of G I Narendar and M I Arun JJ. allowed the appeal and set aside the

Case BriefsHigh Courts

Lower Court Judge failed in its duty to protect dignity of rape victim: Bom HC’s decision on committing of rape by cab driver joined by his accomplice

Bombay High Court: Pained to note the permitting of questions by the Lower Court which crossed all lines of dignity of a